Re Estate Miruzzi, deceased [2018] NSWSC 1899

Supreme Court New South Wales

Medium Neutral Citation: Re Estate Miruzzi, deceased [2018] NSWSC 1899 Hearing dates: 4 and 5 December 2018 Decision date: 19 December 2018 Jurisdiction: Equity - Probate List Before: Lindsay J Decision: A formal will of a deceased testator (not revoked by informal "approval" of a subsequently prepared but unexecuted draft will, or by destruction of a photocopy of the formal will) admitted to probate as the deceased's last will. Catchwords: SUCCESSION – Probate and administration – Revocation of will by destruction – Alleged destruction of photocopy of will - Dispute about intention to revoke will – Original will not destroyed –– No revocation by destruction of mere photocopy of will - Will admitted to probate

SUCCESSION – Probate and administration – Informal document – Draft will approved but not executed by testator – No intention that draft operate as will before execution – Disputed informal will not admitted to probate Legislation Cited: Interpretation Act 1987 Report 47 (1986): Wills - Execution and Revocation. Report 85 (1998): Uniform Succession Laws: The Law of Wills. Succession Act 2006 Uniform Civil Procedure Rules 2005 NSW Wills Act 1837 (1 Victoria chapter 26) Wills, Probate and Administration Act 1898 NSW Cases Cited: Cahill v Rhodes [2002] NSWSC 561 Deeks v Greenwood [2011] WASC 359 Estate of Laura Angius; Angius v Angius; (2013] NSWSC 1895 Hatsatouris v Hatsatouris [2001] NSWSC 408 In the Estate of Robert Edmonds (deceased) [2016] SASC 41 Lippe v Hedderwick (1922) 31 CLR 148 at 152-153. Mitchell v Mitchell [2010] WASC 174 Re Moschoudis [2016] VSC 139 Reynolds v Bonnici [2017] NSWSC 828 Cheese v Lovejoy (1877) 2 PD 251 Texts Cited: GE Dal Pont and KF Mackie, Law of Succession (LexisNexis Butterworths, Australia, 2nd ed, 2017) paragraphs [5.16]-[5.22] Williams on Wills (LexisNexis, London, 10th ed, 2014), Vol. 1, paragraph [18.19]. Category: Principal judgment Parties: Plaintiff: Leonie Rigney First Defendant: The Sydney Children's Hospital Network (Randwick and Westmead) (incorporating the Royal Alexandra Hospital for Children) Second Defendant: Alessandra Carla Gonella Representation: Counsel: Plaintiff: L Ellison SC First Defendant: JEF Brown and LM Johnston Second Defendant: M Willmott SC and E Elbourne